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SBA Extends Deadline for Comments on Historic Overhaul of Size Standards

By Olivia Lynch, Michael Samuels, Amy Laderberg O'Sullivan, Zachary Schroeder & Bryana Bowman on September 24, 2026
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On September 21, 2026, the Small Business Administration announced an extension of the comment period for two previously proposed rules that, as currently constructed, would significantly expand the pool of entities eligible to qualify for small business set-aside procurements. The extension is slated to be formally published on September 24, 2026.  While the comment period was originally to close on September 21, in response to requests for additional time, SBA has extended the comment period for an additional 60 days with comments now due by November 20, 2026.

As previously discussed (in an alert and webinar), SBA proposed on August 20, 2026, to revise its methodology for establishing size standards while at the same time proposing how SBA’s size standard table would be impacted if that new methodology were adopted. The most immediately impactful changes would be material increases to a substantial number of size standards — with some thresholds proposed to increase as much as tenfold — which would significantly alter the makeup of the small business contractor base. 

SBA has already received nearly 70,000 written comments on the two rulemakings, in addition to holding a public forum.

Photo of Olivia Lynch Olivia Lynch

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and…

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and various aspects of state and local procurement law.

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Photo of Michael Samuels Michael Samuels

Michael Samuels is a partner in Crowell & Moring’s Government Contracts Group. His practice involves counseling and representing government contractors on a wide range of issues.

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Photo of Amy Laderberg O'Sullivan Amy Laderberg O'Sullivan

Amy Laderberg O’Sullivan is a partner in the firm’s Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and former chair of the firm’s Diversity Council. Her practice involves a mix of litigation, transactional work, investigations, and

…

Amy Laderberg O’Sullivan is a partner in the firm’s Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and former chair of the firm’s Diversity Council. Her practice involves a mix of litigation, transactional work, investigations, and counseling for corporate clients of all sizes and levels of experience as government contractors. On the litigation side, she has represented corporate clients in bid protests (agency level, GAO, ODRA, Court of Federal Claims, Court of Appeals for the Federal Circuit, as well as state and local bid protests in numerous jurisdictions), size and status protests before the U.S. Small Business Administration, claims litigation before the various Boards of Contract Appeals, Defense Base Act claims litigation at the Administrative Law Judge and Benefits Review Board levels, civil and criminal investigations, and she has been involved in complex commercial litigation.

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Photo of Zachary Schroeder Zachary Schroeder

Zachary Schroeder is a counsel in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group.

Zach represents contractors in both litigation and counseling matters. His practice focuses on representing contractors in bid protests before the Government Accountability Office…

Zachary Schroeder is a counsel in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group.

Zach represents contractors in both litigation and counseling matters. His practice focuses on representing contractors in bid protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition. His practice also includes federal regulatory and ethics compliance, as well as various aspects of state and local procurement law, including representing contractors in size protests and affiliation matters. In the transactional context, Zach has performed government contracts diligence for government contractors in a range of industries.

While in law school, Zach served as a judicial intern for Judge Mary Ellen Coster Williams at the U.S. Court of Federal Claims. He also served as the chair of the 2017 Government Contracts Moot Court Competition and as an editorial staff member of the American Intellectual Property Law Association (AIPLA) Quarterly Journal.

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Photo of Bryana Bowman Bryana Bowman
Read more about Bryana BowmanEmail
  • Posted in:
    Administrative and Regulatory, Government Contracts
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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